JAGDISH CHANDRA TIRUWA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred against the judgment and order dated 26.07.2018 passed by learned Additional Sessions Judge, Bageshwar in Criminal Appeal No. 13 of 2018, "Victim vs. State and another", whereby the learned Judge partly allowed the appeal of the respondent no. 2 against the judgment and order dated 06.03.2018 passed by learned Chief Judicial Magistrate, Bageshwar in Criminal Case No. 330 of 2017, whereby the learned Appellate Court set-aside the acquittal of the revisionist and convicted the revisionist for the offence punishable under Section 354-D(1) (i) (ii) IPC and sentenced to undergo one year imprisonment along with a fine of Rs. 500/-. In default of payment of fine, he shall serve further ten days imprisonment. Revisionist was further convicted for the offence punishable under Section 448/511 IPC and sentenced to undergo three months imprisonment along with a fine of Rs. 500/-. In default of payment of fine, he shall served additional ten days imprisonment. Revisionist was also convicted for the offence punishable under Section 506 IPC and sentenced to undergo three months imprisonment along with a fine of Rs. 500/-. In default of payment of fine, he shall serve the additional ten days imprisonment. All the sentences shall run concurrently.

(2.) Learned counsel for the revisionist does not press this revision on merits. He submits his arguments only on the quantum of sentence. Since the revisionist's counsel does not challenge the conviction, this Court need not go into the merits of the case and, accordingly, the conviction in the aforementioned offences is maintained.

(3.) Learned State Counsel does not seriously object to the prayer made on behalf of the revisionist. She fairly concedes that revisionist has served 02 months 01 day in the jail.